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HomeMy WebLinkAboutAngels of Grace Inc - Homeless Prevention and Rapid ReHousingcur a FRESH REPORT TO THE CITY COUNCIL 154 September 24, 2008 FROM: JOHN DUGAN, Director Planning and Development Department• BY: CLAUDIA CAZARES, Manage;3&" r'-a� Housing and Community Development Division AGENDA ITEM NO. 9:30arn N'2 A COUNCIL MEE ING -2409 ATMEHineE cm GREGORY BARFIELD, Homeless Policy and Prevention Manager SUBJECT RECOMMEND APPROVAL OF FUNDING AWARDS AND SELECTION OF SUB -GRANTEES FOR THE CITY OF FRESNO'S HOMELESS PREVENTION AND RAPID RE -HOUSING PROGRAM AS FUNDED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT: ADOPT THE AMENDMENT TO THE FY 2008-2009 ANNUAL ACTION PLAN TO INCLUDE THE AWARDS: AND AUTHORIZE CITY MANAGER TO SIGN ALL REQUIRED IMPLEMENTING, AND CONTRACTUAL DOCUMENTS AS APPROVED TO FORM BY THE CITYATTORNEY recommends that the City Coundl approve' 1) the funding awards and the selection of sub-imm ess, to provide services as funded by the Homeless Prevention and Rapid Re -Housing Program (HPRP) grant awatled by the U.S. Department of Housing and Urban Development (HUD) to the City of Fresno underthe 2000 American Recovery and Reinvestment Act (ARRA), as lgitows: $118,915 to Cent"I California Legal Services; $278,318 to AspiraNet, $3N OW to Marjaree Mason Center, $398,385 to WastCare: $400,000 to Fresno County EOC; $258,3111 to Angels of Greco Foster Family Agency; $1,050,000 to the Housing Autho rty of the City of Fresno- Rapid Re -Housing; and $20,000 to the Housing Authority of the City of Fresno- HMIS, 2) Adopt the amendment to the FY 2008-2008 Annual Action Plan to include the awards as specified above. 3) Authorize City Manager to sign all required Implementing, and contractual documents as approved to form by the City Attorney, pggAMbCily cow I e oae_ mowsen� REPORT TO THE CITY COUNCIL Approval and Award of HPRP Sub -Grantees September 24. 2009 MCUTIVE SUMMARY March 2009 the City was awarded a direct formula allocation of $3,130,745 in HPRP funds based on our nual receipt of McKinney-Vento Ponds through the Emergency Sheller Grant (ESG) Program. The County of Beni also received a direct allocation of HPRP funds. Since that time, the City has been wonting in rinership with the County to administer a collabwadve program for the expenditure of these funds. A joint y/County Request far Proposals (RFP) was issued on July 15, 2009. The agencies selected for funding are ental California Legal Services. AspiraNet, Marjaree Mason Center, Wesi for the Sen Joaquin Valley terans project, Fresno County EOG Sanctuary, Angels of Grace Foster Famtly Agency, Housing Authority at t City of Fresno for Rapid Re -Housing, and the Housing Authority of the CRY of Fresno for administration of t Homeless Management Information Systems (HMIS). Services will be provided over a three year term, d the agencies will provide assistance related to housing of persons at risk of becoming homeless and mons that are curently homeless, as well as provitle housing relocation and stabilization services such as Be management and credit repair. The remaining $72,827 will utilized by City staff to provide program ministration over the three year period. In response to the national economic crisis, President Obame and Congress passed the American Recovery $ Revitalization Act (ARRA) that allocated approximately $750 billion to fund different programs and projects aimed at stimulating the economy. Included in the ARRA is $1.5 billion in funding that will be used to provide affordable housing, services, and jobs for the nation's most vulnerable persons. Through the American Recovery and Reinvestment Act of 2009 (ARRA) Me City of Fresno was awarded over $3.13 million of funding under the Homeless Prevention and Rapid Re -Housing Program (HPRPL The County of Fresno received $1,83 SW. HPRP is intended to provide homeless prevention services to households threatened to become homeless, and to rapidly re-houea persons who are homeless. In order to receive the federal funding, jurisdictions were required to submit an application to HUD in May 2008, and amend their Annual Action Plan to Include Me administration of HPRP funtling. The City Cound approved both on May 14, 2000. As part of Council action, staff requested authorization to collaborate w8h the County of Fresno in issuing a Joint Request fpr Proposals (RFP), and partner with the County to administer a regional approach and provide seamless programming and services under HPRP. The Joint RFP was issued on July 15, 2008, with applications due on August 10, 2008 Each Bill application was reviewed by a team of City and County members, wall assistance from the Fresno-Madea Continuum of Care. The recommended agencies, programs, and award amounts, for your approval are as t Central California Legal Services - $118,915, to provide legal assistance related to housing needs 2. AspiraNet - $278,318, to Provide housing and stabilization services to young adults aging out of foster care 3, Madams Mason Center- $304,000, to provide housing and stabilization services to victims of domestic violence 4. WestCare-$398,385, to provide housing and stabilization services to San Joaquin Valley veterans 5. Fresno County EOC-$400,00, to provide housing and stabilization services to individuals and families REPORT TO THE CITY COUNCIL Approval and Award of HPRP Sub -Grantees Sedember24, 2009 Page 3 8. Angels of Grace Foster Family Agency - $258,301 to provide housing and stabilization services to young women aging out of foster care 7. City of Fresno Housing Authority - $1,050,000, to provide housing and stabilization services to persons who are currently homeless throughout Me City 8, City of Fresno Housing Authority- $250,000. to provide administration of HMIS A total of $72,827 will be utilized by City staff to provide program administration over the three year award A list of the City awards, and the corresponding County awards for these agencies, Is found In Exhibit A. In additlon, the County will also be funding two County Departments for provision of services. The implementation and administration of HPRP activities is set to commence on October 1, 2009 with fully executed contacts required to be in pace by September 30, 2009. Each contract will be for a term d one year, wall two year renewals contingent on sulagfartee performance. Programs to be funded through HPRP include: 1) short and medium term financial assistance, up to 3 months, and 18 months, respectively. 2) utility payments, 3) moving costs, add 4) hatellmotel vouchers, for up to 301, days, g no appropriate shelter Lads and rental housing can be identified. In support of persona in need all housing relocation and stabilization services, the City of Fresno will require sub -grantees to provitle Intense wrap around services through effective case management. Case Management services will 'include: direct outreach, housing ant placement assistance', legal services and intervention, credit repair and protective Payee services, or linkages to mainstream suppor ive services. Collaborative efforts will continue with the FMCoC and the County of Fresno to ensure HPRP funds are maximized using all resources including mainstream funding and services available to provide a awamless service delivery system. As applicants and beneficiar es of HUD Superil funding for Sheller, Shelter Plus Care, and Supportive Housing Grants, the FMCOC can ad as the crwndull to identify existing homeless sent and grants received by partners of the group. Identification of the aforementioned information will allow the City to identify gaps and overlapping services to better disputes funding and impact the creation of long lasting housing stability for homeless persons and those at risk d becoming homeless. Additionally, local and county collaboration m essential, as the County has established mental health and other essential services, while the target population resides mainly within the City limits. Collaborator will allow both governmental entities d address increased homelessness Nat can arise because of Ma existing economic climate and is a key goal of tre City of Fresno and County of Fresno's 10 Year Plan to End Chronic Homelessness. The Housing and Community Development Division will maintain direct program oversight fm HPRP. The City's Homeless Policy and Prevention Manager will oversee the day -today management of sub -grantees. The Housing and Community Development Division will work with the Budget and Management Studies Division SMSD) staff, which has responsibility for other HUD entitlement programs and federal reposing ItlF4HASIVJfldNi for these awards are available in the Planning and Development Department's FY 20042010 Exhibit A. List of SubGrentees and recommended funding levels for the City of Fresno and me County of Fresno EXHIBIT A HPRP FUNDING AMOUNTS AND AGENCIES CITY OF FRESNO AND COUNTY OF FRESNO Anency city County TOTAL Centmi CalilomlaL al SeMces $118915 $29]29 As Net $290310 $09.5]9 9 Me ree Meson Center $304000 $900000 WmM ro Cslifomle-Velerens $380305 5 Fresno EOCSa $4W000 0 M els of Gre Fo Fame en $258301 $141133 HousingAuft C' of Fmw 31050000 0 HMIS - Hous) Auft C ICoun $250000 $150000 Ca. Aswo. Mr the Ph is HaW= $231591 1Howl Au8wO8es Fresno Coun $220598 Dneee of Fmw Cwn $150W0 150000 TGTAL $3059,819 $1090030 $1152508 do d.rt.a,rao'n"'nII AGREEMENT 2 THIS AGREEMENT is made and entered into this 25 day of September 209 ("Effective Data°) 3 by and between the CITY OF FRESNO, a municipal corporation of the Slate of California, 4 (hereinafter referred to as "CITY"), and Angels of Grace, Inc. a California Private Non -Profit 5 Organization, (hereinafter referred to as 'SUB GRANTEE'). 6 WITNESSETH: 7 WHEREAS, the CITY and the CITY'a of Fresno's Planning and Development Department have 8 been designated as the sponsoring agency to administer and Implement the Homeless Prevention 9 and Rapid ReHousingProgram (HERE) activities of CITY, in accordance with the provisions of One 10 XII of the Federal American Recovery and Reinvestment Act of 2009 and the laws of Vie Stele of 11 California, and 12 WHEREAS, the United States Congress has designated $1.5 billion for communities to provide 13 Menial assistance and services to either prevent individuals and families from becoming homeless, 14 and to help those who are experiencing homelessness to be quickly Gradused and stabilized: and IS WHEREAS. CITY submitted a substantial amendment on May 18, 2009 to as Fiscal Year 16 2006-2009 Annual Action Plan to Include appropriation of HERE funding: and 12 WHEREAS. SUB GRANTEE has submitted a program plan that will provide homeless 18 prevention worker rapid re -housing services consistent with the intent and purpose of said provisions 19 of Tule XII of the Federal American Recovery and Reinvestment Ad of 2009, and SUB -GRANTEE'S 20 program plan has been approved by CITY. 21 NOW THEREFORE, in consideration of their mutual covenants and conditlons, the parties 22 hereto agree as follows. 23 1. SERVICES 24 A. SUB -GRANTEE shall perform all services and fulfill all responsibilities as set 25 forth in its program plan, attached hereto as Exhibit A, incorporated herein by reference and made part 26 of this Agreement. 27 B. SUB -GRANTEE shall also perform all seMces and fulfill all responsibilities as 28 identified In Joint City of Fresno I County of Fresno's Request for Proposal (RFP) No. 9624726 dated r- QIY�F. 'iLSL�O F®oG t 2 3 4 5 6 J 8 g m July 15. 2009 and Addendum No. One (1) dated July 29, 2009 and Addendum No. Two (2) dated July 31, 2009, (hereinafter calledively referred to as "JOINT CITY I COUNTY Revised RFP") and SUB - GRANTEES response to said JOINT CITY /COUNTY Revised RFP, dated August 10, 2009, all incorporated herein by reference and made part of this Agreement. In the event of any inconsistency among. these documents, the inconsistency shall be resolved by giving precedence In the following order of priority. 1) to this Agreement. including all Exhibits, 2) to the JOINT CITY/ COUNTY Revised RFP, 3) to the SUB-GRANTEE's Response to the Revised RFP. A copy of JOINT CITY/ COUNTY'S Revised PER and SUB-GRANTEE'a response to the JOINT CITYICOUNTY Revised REP shall be retained and made available during the term of this Agreement by CITY. C. SUB -GRANTEE shall perform all services following the HUD'S Notice of Allocations, Application Procedures and Requirements for Homelessness Prevention and Rapid Re Housing Program Grantees under the Federal American Recovery and Reinvestment Act of 2009 as released on March 19, 2009 (Docket No. FR -530 N-02) and the Crossed and Clarifications Notice of June 8, 2009 (Docket No. FR -5307-N-02) 2. TERM This Agreement shall became off solve on the Effective Data and shall terminate on the 29th day of September 2010. This Agreement shall be automatically extended for Me (2) additional twelve (12) month periods upon the same terms and conditions herein set form, unless written notice of non- renewal is given by SUB -GRANTEE, CITY or City Manager or designee, not tater than sixty (60) days prior to fine dose of the current Agreement period. 3. TERMINATION A. NonAllocatedof Funds.—The terns of this Agreement, and the services to be provided thereunder, is contingent on the approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the services pmvltletl may be modified or this Agreement terminated at any time by CRY by giving SUB -GRANTEE thirty (30) days advance written prince. B. Breach of Contract — CITY, may immediately suspend or terminate this Agreement in whole or in part where In the determination of the CITY there is'. I an illegal or improper use of funds', 1. (SIYOF FRESnO Fmw,G 2 3 it a 9 IC 11 12 13 14 1s 16 17 fTl Ill 20 21 22 23 24 5 26 PYA 11011111 2) a failure to comply with any tens of this Agreemen0 3) a substantially Incorrect or incomplete report submitted to CITY; or 4) Improperly performed service. In no event shall any payment by CITY constitute a waiver by CITY of any breach of this Agreement or any default. which may then exist on the part of SUB -GRANTEE. Neither shall such payment impair or prejudice any remedy available to CITY with respect to breach or default. CITY shall have the right to demand of SUBGRANTEEthe repayment to the CITY of any funds disbursed to SUB -GRANTEE under this Agreement, which in the judgment of CITY were not expanded in ccordance with the terms of this Agreement SUBGRANTEEshall promptly refund any such funds upon demand or,at CITY's option', such repayment shall be deducted from future payments owing to SUB -GRANTEE under this Agreement. G. Affect Cause - Under committal other than those set forth above, this Agreement may be evaluated by CITY or SUB -GRANTEE upon the giving of thirty (30) days advance written notice of an Intention to. terminate. 4. COMPENSATION IINVOICING A. CITY agrees to pay SUB -GRANTEE and SUB -GRANTEE agrees to receive compensation based on actual expenditures incurred by SUB -GRANTEE In accordance with the budget identified in Exhibit B, attached hereto and by this reference incorporated herein It is understand that all expenses incidental to SUB-GRANTEEs performance of services under this Agreement shall be home by SUB -GRANTEE. If SUB -GRANTEE should fail to comply with any provision of this Agreement. CITY shall be relieved of its obligation for further compensation. Payments shall be made by CITY to SUB -GRANTEE In arrears, for services provided during the preceding month Such payment by CITY shall be made within thirty days (30) days after the date of receipt by CITY of correctly completed Invoice in accordance with the previsions of this paragraph, and shall be for actual expenditures incurred by SUBGRANTEE in accordance with Exhibit B. Payments shall be made after receipt and verification of actual expenditures Incurred by SUB -GRANTEE in the furtherance of this Agreement and shall be documented to CRY on a monthly basis by the tenth (10th) day of the month following the month of said expenditures In an ). =OF FRESNO FrtmgG 1 2 3 4 5 6 7 8 4 SO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 V 28 invoice. The invoice shall be in a form and in such detail as acceptable to CITY. SUB -GRANTEE shall submit Invoices to Claudia Cancer. City of Fresno Housing Manager, at Claudia Cacares onfresnogov B. Changes to fine items in the budget set forth in Exhibit B, attached hereto may be made with the prior written approval of CITY. Said budget line Item changes shall not result in any change to the maximum compensation amount payable to SUB -GRANTEE, as slated herein. C Any Compensation not consumed by expenditures of SUB -GRANTEE by the expiration or nomination date of this Agreement shall be immediately repaid to CITY. 0. CITY shall not be obligated to make any payments under this Agreement IF the request for payment Is received by CITY more than sixty (80) days after the date of termination of this Agreement or the date of expiration of Nis Agreement, whichever occurs first. E, CITY's failure to inform SUB -GRANTEE of any reporting re iulements shall not relleveSUB-GRANTEE of compliance with any HPRP reporting requirements. F- The following -Required Expenditure and Program Progress Threshold" criteria have been established to guide the SUB -GRANTEE in structuring and scheduling their expenditure of. funds and program progress to determine performance beginning September 30, 2009 and each September thereafter. Milestone Bates l Quarters Minimum Re0uired Threshold October, November, December 20% of Contracted Amount I Program Goals I s quarter January. February; March 50% of Contracted Amount l Program Goals 2° quarter Agent , May, June 80% of Contracted Amount I Program Goals 3.4 quarter July, August, September 100% of Contracted Amount l Program Goals 4'" quarter S. INDEPENDENT CONTRACTOR In performance of the work, duties, and obligations assumed by SUB -GRANTEE under this (TWOFFNFSN'P Frei INA 26 Agreement it Is mutually understood and agreed that SUB -GRANTEE, Including any and all of SUB- GRANTEE's officers, agents, and employees, will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, Servant, employee, joint venturer, partner. Or associate of CITY. Furthermore, CITY shall have no right t0 control, supervise or direct the manner or method by which SUB -GRANTEE shall perform As work and function. However, CITY shall retain the right to administer this Agreement so as to verify that SUB -GRANTEE Is performing its obligations in accordance with the terms and condlti0ns hereof. SUB -GRANTEE and CITY shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction Over matters which are directly or indirectly the subject of this Agreement. Because of its status as an Independent contractor. SUB -GRANTEE shall have absolutely no fight to employment rights and benefits available to CITY employees. SUB -GRANTEE shall be solely fable and responsible for providing to, Or On behalf of Its employees all legally -required employee benefits. In addition, SUB -GRANTEE shall be solely responsible and hold CITY harmless from all matters relating to payment of SUB -GRANTEES employees, including compliance with Social Security, withholding, and 011 other regulations governing such matters. Itis acknowledged that during the term of this Agreement, SUB -GRANTEE may be providing services to others unrelated to CITY or to this Agreement 6. MODIFICATION This Agreement may be modified from time to time by Ne written consent of all the pafiies_ Notwithstanding the foregoing, where It is dammmined by CITY that there is a need to make any changes in Me project, fiscal procedures and systems, or the temmsand conditions of this Agreement, refusal by SUB -GRANTEE to accept the change Is grounds for termination of this Agreement. Any such change shall be Incorporated by written amendments to this Agreement and shall be approved by the Fresno City Council. T. NON -ASSIGNMENT Neither party shall assign or transfer this Agreement nor their fights or dufies under this Agreement without the prior written consent of the other party. -5- G'ry UP FRESNU Inca.,, C1 1 2 8. INDEMNIFICATION 3 To the furthest extent allowed by law, SUB -GRANTEE shall indemnity, hold harmless and 4 defend COY and each of Its officers, officials, employees, agents and authorized volunteers from any 5 and all loss, Ilablllty, fines, penalties, forfeitures, casts and damages (whether in contract, tad or strict 6 Ilablllty. Including but not limited to personal Injury, death at any time and property damage(, and from 7 any and all claims, demands and actions in law or equity (Including reasonable attorneys fees and 8 litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful 9 misconduct of SUB=GRANTEE, its principals, officers, employees, agents or authorized volunteers in 10 the performance of this Agreement. 11 If SUB -GRANTEE should subcontract all or any portion of the services to be performed under 12 this Agreement SUB -GRANTEE shall require each subcontractor to indemnity, hold harmless and 13 defend CITY and each of Its officers, officials, employees, agents and authorized volunteers In 14 accordance with the terms of the preceding paragraph. t5 This section shall survive lamination or expiration of this Agreement. 16 9. INSURANCE 17 A. Throughout the life of this Agreement, SUB -GRANTEE shall pay for and 18 maintain In full force and effect all insurance as required in Exhibit C or as may be aumcall in 19 writing by CIMS Risk Manager or his/her designee at any time and in his/her sole discretion. 20 B. If at any time during Ne life of the Agreement or any extension, SUB -GRANTEE 21 of any of its subcontractors fall to maintain any required insurance in full farce and effect, all services 22 and work under this Agreement shall be discontinued immediately, and all payments due or that 23 become due to SUB -GRANTEE shall be withheld until notice is received by CITY that the required 24 Insurance has been restored to full force and effect and that the premiums therefore have been paid 25 for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient 26 Cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in 27 any way relieve SUB -GRANTEE of its responsibilities under this Agreement The phrase 'fail to 28 maintain any required insurance' mail Include, without limitation, notification received by CITY that an 6- (]TY.OF FRESNO Fmpo,G I Insurer has commenced proceedings, or has had proceedings commenrred against it, Indicating that 2 the Insurer is insolvent. 3 C_ The fact that insurance is obtained by SUBGRANTEEshall not be deemed to 4 release or diminish the liability of SUB -GRANTEE, Including, without limitation, liability under the .5 indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and 6 liability regardless of whether any insurance policies are applicable. The policy limits do net act as a 7 limitation upon the amount of Indemnification to be provided by SUB -GRANTEE Approval or 8 purchase of any insurance contracts or policies shall in no way relieve from liability nor emit the liability 9 of SUB -GRANTEE, its principals, officers. agents, employees, persons under the supervision of Sl 10 GRANTEE, vendors, suppliers. invitees, consultants, sub -consultants, subcontractors, or anyone It employed directly or indirectly by any of them. 12 D, Upon request of CITY, SUB -GRANTEE shall immetliately furnish CITY with a 13 complete copy of any Insurance policy required under this Agreement, including all endorsements, 14 with said copy redirect by the underwriter to be a true and correct copy of the original policy. This 15 requirement shall survive expiration or termination of this Agreement. 16 E. If SUBGRANTEEshould subcontract all or any portion of the services to be 17 performed under this Agreement. SUBGRANTEEshall require each subcontractor to provide 18Insurance protection in favor of CITY and each of its officers, officials, employees. agents and 19 aulharlaed volunteers in accordance with the terms of this section, except that any required certificates 20 21 22 23 24 25 26 N and applicable endorsements shall be on file with SUB -GRANTEE and CITY poor to me' Commencement of any services by the subcontractor" 10. PUBLIC INFORMATION SUB -GRANTEE shall disclose CITY', the County of Fresno, and the U.S, Department of Housing and Urban Development (HUD) as a funding source in all public Information. 11. POLITICAL RELIGIOUS AND LOBBYING ACTIVITY PROHIBITED. A. None of the funds or services provided directly or indirectly under this. Agreement shall be used for any political activity, lobbying, or propaganda purposes designed W -r- atr oP rresrxr PrtmaG 2 3 4 6 8 9 10 II 12 13 14 15 support or defeat legislation pending before any legislative body, the Congress of the United States or the Legislature of the State of California or to (umber the election or defeat of any ballol measure or candidate for public office. B. None of Ne funds or services provided directly or Indirectly under this Agreement shall the used for any religious activity, including but not limited to religious worship,. instruction, or proselytlealion, or to purchase religious materials. C. SUBGRANTEEshall not require those Individuals or entities receiving the funds or services. in whole or In pad, by this Agreement to attend or take part in any religious activities. Furthermore, SUBGRANTEE shall take reasonable steps to insure that functions or activities funded herein are separate In time or in location from functions or activities that are inherently religious, such as religious woos ip, Instruction. or proselytization. 12. SUPPLEMENTAL SOURCES SUBGRANTEEshall not use any funds under this Agreement to the extent that there are any other existing or contemplated funds available to SUB -GRANTEE to be expended for Ne same services covered by this Agreement SUB -GRANTEE shall provide wntlen collocation and explanation to CITY of any funds received from another source to conduct thesame services covered by this Agreement within five (5) days of me receipt of such funds. Upon confirmation that Si GRANTEE has received funds from any other source to conduct the same services covered by this Agreement, CITY shall have the fight to reduce its payment amount accordingly. 13. COMPLIANCE WITH APPLICABLE LAWS SUB,GRANTFE shall comply with all rales and regulations established pursuant to the Homeless Prevention and Rapid Re -Housing Program under This XII of Me Federal American Recovery and Reinvestment Act of 2009. SUB -GRANTEE must also comply with all applicable fair housing and civil rights requirements in 24 CFR 5.105(a). SUBGRANTEEand any subcontractors shell comply with all applicable local, Stele, Federal laws, ordinances. regulations and Fresno City Municipal Code provisions applicable to the performance of services, s. rnvcs sxESN0 Frtaa�,U 2 3 4 5 6 7 8 9 1g 11 12 11 14 15 16 17 is 19 20 it 22 23 24 25 26 27 28 iE1 A. Record Establishment and Membranes, SUB -GRANTEE shall establish and maintain records In accordance with those requirements prescribed by CIN, with respect to all matters covered by this Agreement SUB GRANTEE shall retain all fiscal books, account records, and confidential client files for services performed under this Agreement for at least five (5) years imm the data of the final payment under this Agreement or bell all State and Federal audits are completed for that fiscal year, whichever is later- Pursuant to State and Federal law, It is Me Intent of the parties to this Agreement that the SUB- GRANTEE shall be reimbursed for actual costs Incurred In the performance of this Agreement not to exceed the confrsct maximum but that no profit is to device to the SUBGRANTEE on account of such muderiance. B. Activity and Progress Rebates SUB -GRANTEE shall submit to CITY by the tang, (IOn)of each month, an activity report for the previous month as described by the CITY, but it shall include but not limited to, a program progress narrative, icb creation I retained by these funds, program performance Including the number of unduplicated persons and households served, their status, type of housing services provided, financial Information regarding funds expended in the prior month. including total expenditures made to date, reporting completed through HMIS, status of HMIS data input SUB- GRANTEE shall also furnish to CITY such statements receipts, reports, data, support documentation and other Information as CITY may request pertaining to matters covered by this Agreement Said support documentation must indicate the line from budget account number to which the cost is charged In the event that SUB -GRANTEE falls to provide such reports or other information required hereunder. It shall be deemed sufficient cause for CITY to withheld monthly payments until there is compliance The monthly activity report shall be in a farm and in such detail as prescribed and acceptable to CITY's City Manager or designee. C Single Audit& Federal Common Rule Audit Requirements 1) If SUB -GRANTEE expends Five Hundred Thousand Bolles ($500,000) or mare In Federal and Federal flow-through monies, SUB -GRANTEE agrees to conduct an annual a- QIV ()f PAESf�O Pmm.0 13 1 ncs 15 16 1] 18 19 20 21 22 n 24 x 26 U 28 audit in accordance With the requirements of the Single Audit Standards as set forth in Office of Management and Budget (OMB) Circular A-122 and A-133. SUB -GRANTEE shall submit said audit and management letter to CITY. The audit must include a statement of finings or a statement that there were no findings. If there were negative findings, SUB -GRANTEE must Include a corrective action plan signed by an authorized Individual. SUB -GRANTEE agrees to take action to correct any material non-compliance or weakness found as a result of such audit. Such audit shall be delivered to CITY, for review Within three (3) months of the end of any fiscal year in which funds were expended and/or received for the program. Failure to perform the requisite audit functions as required by this Agreement may result In CITY performing the necessary audit tasks, or al CITY's option, contracting with a public accountant to perform said audit, and may result in the Inability of CITY to enter into future agreements with SUB -GRANTEE. All audit costs related to this Agreement are the sole responsibility, of SUB -GRANTEE. Audit work performed by CITY under this paragraph shall be billed to SUB -GRANTEE at CITY cost, as determined by CITY. 2) A single audit report Is not applicable if all SUB -GRANTEE Federal contracts do not exceed the Five Hundred Thousand Dollars ($500,000) requirement. If a single audit Is rot applicable, a program audit must be performed and a program audit repos with management letter Isbell be submitted by SUBGRANTEEto CITY as a minimum requirement to attest to SUB- GRANTEE a UB- GRANTEE'a solvency. Said audit report shall be salivated to CITY for review no later than three (3) months after the close of the fiscal year in which the funds supplied through this Agreement are expended. Failure to comply with this Act may result in CITY performing the necessary audit lasks or contracting with a qualified accountant to perform said audit. All autlit costs related to this Agreement are the sole responsibility of SUB -GRANTEE. SUB -GRANTEE agrees to take come Live action to eliminate any material noncompliance or weakness found as a result of such audit Audit Work performed by CITY under this paragraph shall be billed to SUB -GRANTEE at CITY cost, as deferrnined by CITY. 3) SUB -GRANTEE shall make available all records and accounts for inspection by CITY, the State of California, Vie Comptroller Genesi of the United Stites, the Fou l Grantor Agency, or any of their duly authorized representatives, at all reasonable times for a period of IC pMOFflaxi Fktm,G 4 5 6 e 9 10 11 12 13 14 15 at least five (5) years following final payment under this Agreement or the closure of all other pending matters, whichever is later. 15. HPRP Eligibility and Reaching Requirements A SUB -GRANTEE Is required to participate In the Fresno Madera Continuum of Care (FMCoC). Participation is defined as attendance at a minimum of 75% of all FMCbC Director's meetings. B. CITY'S. failure to inform SUB -GRANTEE that HPRP funds are provided under this Agreement or of any reporting requirements shall not relieve SUB -GRANTEE of compliance with any HPRP eligibility and reporting requirements. SUB -GRANTEE agrees, in accordance with the requirements of the HPRP Program, that ALL beneficiaries of SUB-GRANTEE's activities provided under this Agreement must meet the following minimum criteria: 1) Any individual or family provided with financial assistance through HPRP Must have at least an initial consultation with a case manager or other aWhoFIzed representative who can determine the appropriate type of assistance to meet their needs. 2 The household annual Income must be at or below 50% of the Annual Area Median Income AMI) as referenced in Exhibit E, Incorporated herein by reference and made pad of this Agreement. The AMI may change on a yearly basis and SUB -GRANTEE is required to use the most recent version as provided by CITY. 3) The household must be either homeless or at risk of losing its housing and meet both the following circumstances. (1) no appropriate subsequent housing options have been identified: AND (2) the household lacks the financial resources and support networks needed to obtain immediate housing or remain In its existing housing. C. For assistance under the Rapid ReHousingcategory, persons who are homeless according the definition provided under the Department of Housing and Urban Development (HUD), meet the minimum requirements aforementioned AND meet one of the following criteria are eligible under the rapid re -housing portion of HPRP 1) Sleeping In an emergency shelter; 2) Sleeping in a place not meant for human habitation, such as cars, parks, Uni FRESNO Fnew U 1 2 3 4 5 6 7 8 9 to Rn 12 13 14 15 16 1] 18 19 2C 21 22 23 24 25 26 27 28 abandoned Wildings, streets/sidewalks, 3) Staying in a hospital or other institution for up to 180 days but was sleeping In an emergency shelter or other place not meant for human Inititation Immediately prior to entry into the hospital or institution', 4) Graduating from, or timing out of a transitional housing program, and 5) Victims of domestic violence. SUB -GRANTEE Is expected to meet all other HPRP requirements including providing an intake and assessment of all clients. Completion of this assessment which may review risk factors being homeless or becoming homeless and barriers to housing will assist the SU&GRANTEE In Identifying the appropriate level of financial assistance, if any, and Ne appropriate mix of supportive services. No household may reoelve HERE financial assistance unless they have been assessed by a case pager or other authorized representative to determine the appropriate type of assistance SUR -GRANTEE will be expected to utilize a risk assessment and targeting tool which shall be designed prior to program Implementation. This tool will be used to assess potential clients for eligibility and to help detenuine. the appropriate level of service. This Instrument is being designed with input from both jurisdictional staff and service providers and may be «mtlhetl locally to account for specific local targeting priorities. This tool may be adjusted during the course of the contract period and SUB -GRANTEE will be expected to implement any modifications made to Ne tool during the course of the contract within the context of the program. Providers will also be required to verily client household income, using the income verification requirements and practices as provided by the CITY. Once the client household has been assessed, SUB -GRANTEE will work with the client to develop an appropriate housing and income stability plan. The plan will identify steps Met the household will lake to secure or stabilize their housing situation, ensure that household costs are covered with a combination of Income and services for which the household may be eligible (such as food benefts. training andlor employment services and subsidized child care), reduce the Impact of utilities on the households budget, and other steps necessary to help the household achieve stable housing after their participation In the program concludes. t< OIY OF Frtfro,ear, ps U 10 I 1} I 15 16 17 18 19 20 21 22 23 24 TS 26 2] 28 For the HPRP program, assessment and housing plan development are considered case management services. SUB -GRANTEE will be responsible for authorizing HPRP financial assistance for eligible households and issuing payment to landlords, utility companies and possibly other third party vendors such as hole/motels and storage or moving companies. Based on the assessment of the household's needs, SUB -GRANTEE may authorize a number of fortes of financial assistance. Financial assistance may include; Rent arrears payments (up to 6 months) • Security deposit payments • Moving costs (aig. moving company, shod term storage of up to three months) • Short lens rental assistance (up to 3 months) Medium term rental assistance (41018 months) • Utility arrears payment (up b 6 months) Utility deposits • Utility payment assistance (up to 16 months) • Hotel/Motel vouchers for up to 30 days, if no appropriate shelter beds are available and subsequent rental housing has been identified but is not Immediately available for move in by the program participants. Rental assistance provided may not exceed rental costs accrued over the assistance period h e. shor4leon rental assistance may not exceed rental costs accrued over a period of months), and rents must meet the HUD standard of rent reasonableness. Rental assistance payments may not be approved on behalf of eligible individuals or families for the same period of time and for the same cost types that are being provided under another federal, state or local housing subsidy program. Mortgage assistance is specifically excluded No assistance can be provided to any program participant for ore Nan 10 months total. SUB -GRANTEE must certify eligibility al least once every 3 months for all program participants receiving medium term rental assistance (418 months). Use other resources first: The SUB -GRANTEE will be expected to ensure that other sources are tapped prior to committing HPRP funds for financial assistance. 116. Minimum Data Collection Requirements A. SUB -GRANTEE is required to collect and report Giant -level data In a database comparable b the loll HM IS am by the Fresno Housing Authorities of me City and County, of Fresno through a MOU with the Fresno Madera Continuum of Care (FMCOG) or a data base that complies 21 22 23 24 25 26 2] 28 with any special requirements which may developed by HUD for legal serNces or Domestic Violence providers. Recoding In a database comparable to HMIS is a requirement of HPRP funding. The comparable database well be mainleined by the SUBGRANTEEand used to collect data and repos on outputs and outcomes as required by HUD. SUB -GRANTEE is required to enter all client ]slakes, provide regular updates and exit all clients once services are completed. At a minimum, SUB -GRANTEE must enter the following information in the comparable database for federal reporting purposes. 1). Name 2) Social Security Number 3) Date of Birth 4) Race 5) Ethnichy b) Gentler l) Veteran Status 8) Disabling Condition g) Residence Prior to Program Entry 10) Zip Code of Last Permanent Address 11) Housing Status 12) Program Entry Date 13) Program Exit Date - 14) Personal Identification Number 15) Household Identification Number 16) Income and Sources 1]) Non -Gasp Barrel 18) Destination (where diem will stay upon exit) 19) Financial Services Provided 20) Housing Relocation & Stabilization Serocas Provided 14- aWOI'IAFSNO Flaw, lA 10 1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 ATV shall provide full refunding requirements as required by HUD under separate documentation for Il providers. IF SUB -GRANTEE Is a legal services or domestic violence provider and requires chant -level information to remain confidential, and May will establish a comparable client -level database Internally to Its organization (UP no Idanfifying data shared With the HMIS or the CITY and will provide only aggregate data to the CITY as required. SUB -GRANTEE'S will work with the HMIS administering agency, as an agent of the HvIl to determine that the alternative database meets the standards for a comparable client -level database, including compliance with the HMIS Data and Technical Standards which are acceptable to HUD and the CITY. B. All data elements specified above must be recorded about each HPRP program in the HMIS and the fields needed to correctly generate the HPRP performance reports are required to be collected In me comparable database. 17. Condescendingly All services performed by SUB -GRANTEE Under Mis Agreement shall be in strict conformation with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality, Including but not ltmlted to, California Welfare and Institutions Code section 10850, California Business and Professions Code Section 6068 and California Attorney Rules. of Professional Conduct 3-100. SUB -GRANTEE will ensure the confidentially of all records pertalning to any individual provided assistance and that the address of location of any assisted housing will not be made public, except to the. extend that the pmhibiticn contradicts a preexisting privacy policy of the CITY. 10. Documentation A, Service Documentation SUB -GRANTEE agrees to maintain records to verify services under this Agreement Including names and addresses of clients served the date of service, and a description of services provided on each occasion in accordance with paragraph 15M) of this Agreement. These records and any other SUB -GRANTEE document Pendell In whole or part to this Agreement, shall be clearly identified and readily accessible to. CITY or any other State or Federal agency performing a =01"Na bO Fmm, G 1 2 3 4 5 6 10 11 12 13 14 15 16 1] I8 19 20 21 ?2 23 24 25 26 P 28 lawful audit or inspection of SUB -GRANTEE'S and/or Its services. In all other respects such records shall be. held by SUB -GRANTEE In conformance with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality. B. Cost Documentation 1) SUB -GRANTEE shall establish accounting and bookkeeping procedures, in accordance with standard accounting and bookkeeping practices. including but not limited to, employee time cards, payrolls. invoices, vouchers, orders, and other records of all transactions to be paid with HPRP funds in accordance with the performance of this Agreement. 2) SUB -GRANTEE shall cooperate fully with CITY, State and Federal agencies, which shall have the right to monitor and audit all work performed under this Agreement. 3) CITY shall notify SUB -GRANTEE In writing within thirty (30) days of any potential State or Federal exception discovered during an examination. Where findings indicate that program requirements are not being met and State and Federal participation In this program may be Impel failure td make the corrections by SUB -GRANTEE within thirty (30) days of written notification by CRY that corrections are needed, will justify terminas n of said Agreement in accordance with Paragraph 3.B of this Agreement. 4) SUB -GRANTEE shall also agree to orr site monitoring and personal interviews of any program participants, or any of SUB-GRANTEE's staff and employees, by appropriate CITY staff on at least quarterly basis. 19. - EQUIPMENT A. All items purchased with funds provincial under this Agreement or which are furnished to SUBGRANTEEwhich have a single unit cast in excess of Five Thousand Dollars ($5,00000) Including sales tax and have a useful life of more than one (1) year shall be considered capital equipment. Tire to all Items of capital equipment purchased shall vest and will remain vested in the City of Fresno SUB -GRANTEE further agrees to the following: 1) To maintain all items of capital equipment In good working order and mondlfion, normal wear and tear excepted', and fITYOFITIE h0 Fmro.0 21 6 2 8 9 t0 11 12 13' 14 15 16 12 18 19 20 21 22 23 24 25 26 raa 2) To label all items of capital equipment, perform periodic inventories as required by CITY and to maintain an Inventory list showing where and how the capital equipment is being used, In accordance with procedures developed by CITY. All such lists shall be submitted to CITY within ton (10) days of any request therefore) and 3) To report In writing to CITY immediately after discovery, the loss or theft of any Items of cap9al equipment. For stolen items, the local law enforcement agency most be contacted and a copy of rhe police region submitted to CITY - B. The purchase of any capital equipment by SUB -GRANTEE shall require the prior written approval of CITY, and must be appropriate and directly related to SUB-GRANTEE's service or activity under the terms of the Agreement. No capital equipment shall be purchased dining the fourth (41") or last quarter of each tens of this Agreement. CITY may refuse reimbursement for any costs resulting tram capital equipment purchased, which are inured by SUB -GRANTEE if prior written approval has not been obtained from CITY. 20. SUBCONTRACTS If SUB GRANTEE should propose to subcontract with one (1) or mora I padles to [arty out a portion of those services described in paragraph one (1) of this Agreement insofar as it deems proper or efficient any such subcontract shall be In writing and approved as to form and content by C ITY prior to execution and implementation Any such subcontract together with all other activities pertormed, or caused by SUB GRANTEE, shall not allow compensation greater than the total protect budget cdamened in Exhibit B. attached hereto, for the services described herein. An executed copy of any such subcontract shall be received by CITY before any Implementation and shall be retained by CITY. SUB -GRANTEE shall be responsible to CITY for the proper performance of any subcontract- Any subcontractor shall be subject to all of the same terms and conditions that SUB- GRANTEE Is subject to under this Agreement. No owner, partner, afficeq or director of SUB- GRANTEE shall have any direct monetary interest in any subcontract made by SUB GRANTEE A direct monetary interest contrary to this Paragraph shall be deemed to exist if an owner, pander, officer, or director of SUB -GRANTEE also an owner, officer, or director of a carpor-ation, association, 17- piY(1FFftE5N0 Fmw,G 8 9 30 I1 IZ 13 14 15 16 it ICEl 19 20 21 22 23 24 zs 26 2] 28 or partnership subcontracting with SUS -GRANTEE 21. CONFLICT OF INTEREST No officer, employee, or agent of CITY who exercises any function or responsibility for planning and carrying out of the services provided under Nis Agreement shall have any direct or indirect personal financial interest in this Agreement. SUB -GRANTEE shall comply with all coa 1, State. and local conflict of interest laws, statutes, and regulations, which shall be applicable to all tables and beneficiaries under this Agreement and any officer, employee, or agent of CITY. 21. NON-DISCRIMINATION During the performance of this Agreement SUBGRANTEEshall not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex, pursuant to all applicable State and Foal statutes and regulations. SUBGRANTEEshall prepareand make available to CITY'a City Manager and to the public all eligibility requirements to participate In the program plan set forth In said Exhibit A, attached harem. Ilan allegation of disenmmarfion occurs, CITY may withhold all further funds until SUB- GRANTEE can show by clear and convincing evidence to the satisfaction of CITY that funds provided under this Agreement were not used In connection with the alleged discrimination, 23. DISCHARGE COORDINATION POLICY SUB -GRANTEE must develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care malities, faster care or other youth br ipes, or correctional programs and Institutions), in order to prevent such discharge from immediately resulting in homelessness for such persons. as applicable. 24. EVALUATION CITY shall monitor and evaluate the performance of SUB -GRANTEE under this Agreement to determine to the best possible degree the success or failure of the services provided under this Agreement and the adequacy of the program plan identified In Paragraph One (1) and Exhibit A of �ttl� (M OF1�5. ESN0 emm,U 21 ZI!I 23 24 25 26 27 P:l this Agreement SUB -GRANTEE shall at any time during business hours, and asoften as CITY deems necessary, make available for examination, inspection, audit or copying all books and records, pertaining to the goods and services furnished under the terms of this Agreement for Ne purpose of and not limited to anchormed review for fiscal and program audits. 25. NEPOTISM Except by written consent of CITY, no person shall be employed by SUB -GRANTEE who is related by blood or marriage to any member of the Board of Directors or any officer of SUB- GRANTEE. 26. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND A. CITY and SUB -GRANTEE recognize that Federal assistance funds are being used under the terms of this Agreement For purposes of this paragraph, SUB -GRANTEE will be referred to as the 'prospective recipient". B. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 Code of Federal Regulations CFR) Pan 98, section 98.510, ParticipantsResponsibilities. 1) The prospective recpient of Federal assistants funds cofffiee by entering this Agreement, that neither it nor Its principals are presently debarred, suspended. proposed for debarment, declared ineligible. or voluntarily excluded tram participation In this tmnsactbn by any Federal department or agency. 2) The prospective recipient of Funds agrees by entering this Agreement, that It shall not knowingly enter into any lower tier covered transaction with a person who is debarred suspended, declared ineligible, or voluntenly excluded from participation in this covered transaction, unless authoraed by the Federal department or agency with which this Uansedicn originated. 3) Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements In this certification, such prospective particia l shall attach an explanation to this Agreement. 4) The prospective recipient shall provide Immediate written nofice to CITY 19 41TOFfeul ilii 1 2 3 4 5 6 2 8 9 10 11 12 13 14 15 16 IJ 18 19 20 21 22 23 24 25 26 V 28 If al any time prospective recipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5) The prospective recipient further agrees that by entering Into this Agreement, it will include a clause identical to this section entitled "Certification Regarding Debarment, Susperrsen, Ineligibility and Voluntary ExclusionLowerTier Covered Trdnactions', in all lower tier covered transactions and In all solicitations for lower Liar covered transactions. B) The contraction In this section of this Agreement Is a material representation of fact upon which CITY relied In entering into this Agreement. 27. LIMITED ENGLISH PROFICIENCY SUB -GRANTEE shall provide. interpreting and translation services to persons participating In SUSuGRANTEE'a serves that have limited or no English language proficiency, Including services to persons Who are deaf or blind. Interpreter and translation services shall be provided as necessary to allow such par icipants meaningful access to the programs, services and benefits provided by SUB- GRANTEE. Interpreter and Translation services, including translation of SUB-GRANTEE's'vital" documents (those documents that domain information Nal is critical for accessing SUB -GRANTEE'S services or are required by law) shall be provided to participants at no cost to the participant SUB- GRANTEE shall ensure that any employees, agents, subcontractors, or partners who Interpret or translate for a program participant, or Who directly communicate with a program peroarrant in a language other than Easier demonstrate proficiency In the participant's language and an effectively communicate any specialized terns and concepts peculiar to SUB -GRANTEE'S services. 20. AUDITS AND INSPECTIONS SUB -GRANTEE shall at any time during business hours, and as often as CITY may deem necessary, make available to CITY for examination all of its records and data with respect to the matters covered by this Agreement SUB -GRANTEE strap, upon request by CITY, permit CITY to audit and inspect all such records and data necessary to ensure SUB-GRANTEE's compliance. with the terns of [his Agreement. If this Agreement exceeds Ten Thousand and Nol10o Dollars ($10,000.00), SUB -GRANTEE sh01I be subject to the examination and audit of the Brute Auditor General for a period of three (3) m crrc tit FNFSPro Fmm.G 12 13 14 15 16 17 18 19 20 21 22 23 24 B 26 27 28 years after final payment under contract (California Government Code section 6546.]). 29, NOTICES The persons having authority to give and receive notices under this Agreement and their address" include the fallowing: CITY SUBGRANTEE Housing and Community Angels of Grace, Inc. Development Manager 1350 Van Ness Fresno City of Fresno Fresno, California 93721 2600 Fresno Street, Room 3G70 Fresno, California 93721 Any and all notices between CITY and SUBGRANTEEprovided for or permitted under this Agreement or bylaw shall be In writing and shall be deemed duly served when personally delivered to one of the parlies, or in lieu of such personal service, when deposited in the United States Mall, postage prepaid addressed to such party. 30. GOVERNING LAW The parties agree that for the purposes of venue, performance under this Agreement is to be the County of Fresno, California. The rights and obligations of the pates and all Interpretation and performance of this Agreement shall be governed In all respects by the laws of the State of Califomia. 31. ENTIRE AGREEMENT Tic Agreement including all exhibits, CITY's JOINT CIT 11CGUNTY Revised RFP and SUB- GRANTEE's response thereto, constitutes the entire agreement between SUB -GRANTEE and CITY with respect to the subject matter hereof and supersedes all previous agreement negotiations, proposals, commitments, writil advertisements. publications and understandings of any nature whatsoever unless expressly included in this Agreement. -L- QIY O£FRESNO Frt�m,CA IN WITNESS WHEREOF, the partlee hereto have executed this Agreement as of the Effective Date. City of Fresno 2000 Fresno Street, 2nd Floor Fresno California 93721 Andrew T. Souza City Manager lose E. Klisch Clerk Date 9/36/ay APPROVED AS TO FORM, James C. Sanchez City Attorney ey;n 9 -;o -OF em xXxxxx Date Title Angels of Grace, Inc 1350 Van Ness Fresno Fresno, California, 93721 By: o Prinl Name �--1 t LNfSrti7 Title: _Ce[)- 1DJrCc_4z(— Attachments EXHBITX SCOPEOFWORK EXHBITB BUDGET EXHBIT C: INSURANCE REOUIREMENrS EXHBIT O: Copy of HUD HPRP Docket No. FR -5307-N-01 8 Copy of HUD HPRP Docket No. FR -5307-N-02 12 ='CIPMul Frtnn, Ck